TERMINATION WITH DISCHARGE: LIMITATIONS TO TERMINATION
In general, employment is considered to be at will, which means either the employee or the employer may terminate the employment relationship at any time and for any reason.
However, there are some limits to the at-will rule. If there is an employment contract, either express or implied, that limits the employer’s right to terminate employment, the employer must comply with the requirements of the contract.
Contracts may include collective bargaining agreements, individual employment agreements, and employee handbooks.
In addition, there are state and federal laws that limit an employer’s right to terminate an employee where the reason for the termination is discriminatory or in retaliation for the employee exercising particular rights. There are also laws that apply to a group layoff situation and that govern final paychecks and the continuation of health insurance upon the termination of employment.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/